How Long Does Workers' Comp Last?
Quick answer: It depends on the state and the type of benefit. Temporary wage-loss checks last up to 104 weeks within five years in California, until maximum medical improvement in Texas (no later than 104 weeks after you become eligible), and up to 260 weeks in Florida. After that, a permanent impairment rating sets a fixed number of weeks of permanent benefits. Only the most serious injuries are paid for life.
How long does each type of workers' comp benefit last?
| State | Temporary checks (wage loss) | Permanent benefits (after a rating) | Paid for life |
|---|---|---|---|
| California | Up to 104 weeks within 5 years of the injury; 240 weeks for certain severe injuries | Weeks set by the rating: 10% = 30.25 weeks, 20% = 75.5 weeks | Life pension at 70% or more; permanent total disability (100%) |
| Texas | Until maximum medical improvement, no later than 104 weeks after you become eligible | 3 weeks per rating point (10% = 30 weeks); supplemental benefits possible at 15% or more; all of these end 401 weeks after the injury | Lifetime income benefits for listed severe injuries |
| Florida | Until maximum medical improvement, up to 260 weeks (total and partial combined) | 2 to 6 weeks per rating point (10% = 20 weeks, 20% = 55 weeks) | Permanent total disability, generally until age 75 |
| Federal (FECA) | Up to 45 days of continuation of pay, then compensation for as long as the disability lasts | Schedule award weeks by body part (arm = 312 weeks) | Compensation continues while total disability continues |
How long does workers' comp last in California?
California temporary disability lasts up to 104 paid weeks within five years of the injury date, for injuries on or after January 1, 2008 (Labor Code §4656(c)(2)). Certain severe injuries, such as amputations, severe burns, high-velocity eye injuries, HIV, hepatitis B or C, and pulmonary fibrosis, get up to 240 weeks within five years (§4656(c)(3)).
- Permanent disability is paid for a set number of weeks based on your final rating (§4658). A 10% rating is 30.25 weeks; a 37% rating is 180 weeks. See the California PD calculator.
- For life: a rating of 70% to 99.75% adds a life pension after the PD weeks run out, and a 100% rating is paid for life (§4659).
How long does workers' comp last in Texas?
Texas temporary income benefits (TIBs) last until you reach maximum medical improvement (MMI). By definition, MMI comes when your injury has improved as much as it's expected to, or 104 weeks after you became eligible for TIBs, whichever is first.
- Impairment income benefits start the day after MMI and last 3 weeks for each percentage point of your impairment rating (Labor Code §408.121). A 10% rating is 30 weeks. See the Texas IIB calculator.
- Supplemental income benefits may follow if your rating is 15% or more and you're out of work or earning less than 80% of your old wage because of the injury (§408.142).
- The 401-week limit: temporary, impairment, and supplemental income benefits all end 401 weeks after the injury (§408.083).
- For life: lifetime income benefits pay 75% of your average weekly wage, rising 3% a year, for injuries such as total loss of sight in both eyes, loss of both hands or both feet, permanent paralysis of two limbs, a severe traumatic brain injury, or severe third-degree burns.
How long does workers' comp last in Florida?
Florida temporary disability lasts until you reach maximum medical improvement, up to 260 weeks for temporary total and temporary partial disability combined. The statute still says 104 weeks, but the Florida Supreme Court struck that limit down in 2016 and restored the older 260-week limit (details).
- Impairment income benefits follow, based on your rating: 2 weeks for each point from 1% to 10%, 3 weeks per point from 11% to 15%, 4 weeks from 16% to 20%, and 6 weeks per point above 20% (§440.15(3)(g)). A 20% rating is 55 weeks. See the Florida impairment calculator.
- Permanent total disability stops at age 75, unless the injury kept you from working enough to qualify for Social Security. If you were hurt at age 70 or older, it's paid for up to 5 years after you're found permanently and totally disabled (§440.15(1)(b)).
How long does workers' comp last for federal employees?
There's no fixed number of weeks. After a traumatic injury, your agency can continue your pay for up to 45 days (5 U.S.C. §8118). After that, FECA pays compensation during the disability (§8105), and you keep filing Form CA-7 every two weeks while you're out. A permanent loss of use of a listed body part is paid separately as a schedule award for a set number of weeks.
What people ask
These questions come up again and again in searches and forums. Here's what the law says.
Only for the most serious cases. California pays for life at a 100% rating and adds a life pension at 70% or more. Texas pays lifetime income benefits for a short list of catastrophic injuries. Florida's permanent total disability generally runs until age 75. Most people get temporary checks, then a fixed number of weeks of permanent benefits.
Cal. Labor Code §4659; TDI-DWC; Fla. Stat. §440.15(1)(b)
Usually not. When temporary benefits end, your impairment is rated, and the rating sets permanent benefits. In Florida, temporary benefits can continue past 104 weeks, up to 260, if you haven't reached maximum medical improvement.
Cal. Labor Code §4656; Tex. Labor Code §408.121; Westphal v. City of St. Petersburg (Fla. 2016)
No. The limit is 104 paid weeks within five years of the injury date, and the statute doesn't add time for treatment delays.
Cal. Labor Code §4656(c)
Related
Sources
- California Labor Code §4656 (temporary disability limit)
- California Labor Code §4658 (permanent disability weeks)
- California Labor Code §4659 (life pension, permanent total disability)
- TDI-DWC: Income benefits and maximum medical improvement
- TDI-DWC: Lifetime income benefits
- Texas Labor Code §§408.083, 408.121, 408.142
- Florida Statutes §440.15
- Florida Senate bill analysis, SB 1636 (2019): 260-week limit after Westphal
- 5 U.S.C. §8105 (total disability)
- 5 U.S.C. §8118 (continuation of pay)
This guide is general information, not legal advice. How long your benefits last depends on your injury date, your rating, and your claim.